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Retirement

Employers should operate a compulsory retirement age only if it can be justified. For example, employees in some jobs where a high level of fitness or agility is required to undertake the role may be subject to an “employer-justified retirement age” for health and safety reasons.

An employer that does not retain an “employer-justified retirement age” can retire individuals on a case-by-case basis if it can justify them. The employer must ensure that retiring the employee at the particular age is a proportionate means of achieving a legitimate aim. For employees who plan to go voluntarily, the employer should encourage them to discuss their plans, to assist the employer in planning its workforce requirements.


 

    • Age discrimination
    • Case law
    • Dismissal

    Default retirement age: five key trends since it hung up its boots

    by Stephen Simpson 8 Aug 2016
    by Stephen Simpson 8 Aug 2016

    It’s now five years since employers saw the abolition of the default retirement age. What impact has the removal of...

    • Age discrimination
    • Retirement
    • Unconscious bias

    How to get it right in the generation game

    by Adrian Wakeling 18 Jul 2016
    by Adrian Wakeling 18 Jul 2016

    Managers are too busy making generalisations to tap into the potential of older workers, according to a new policy paper...

    • Age discrimination
    • Childcare
    • Japan

    Employment law in Japan: 10 surprising facts

    by Sarah Anderson 14 Mar 2016
    by Sarah Anderson 14 Mar 2016

    The traditional Japanese idea of “lifetime employment”, with a full-time employee working for the same employer until retirement, has been...

    • Age discrimination
    • Recruitment & retention
    • Retirement

    Minority of employers monitor practices for age discrimination, poll finds

    by Jo Faragher 1 Oct 2015
    by Jo Faragher 1 Oct 2015

    Around nine in ten employers do not monitor whether or not managers are hiring people older than themselves, research by...

    • Age discrimination
    • Police
    • Case law

    Age discrimination: police officers to appeal against EAT decision on A19 retirement

    by Stephen Simpson 4 Aug 2015
    by Stephen Simpson 4 Aug 2015

    An appeal has been lodged against the Employment Appeal Tribunal (EAT) ruling that requiring police officers to retire after 30...

    • Age discrimination
    • Discrimination
    • Retirement

    Age discrimination myths and reality: could your organisation get caught out?

    by Jeya Thiruchelvam 24 Jun 2015
    by Jeya Thiruchelvam 24 Jun 2015

    XpertHR’s recent webinar on age discrimination covered some of the thorny issues that employers can be reluctant to tackle. Jeya...

    • Age discrimination
    • Police
    • Retirement

    Age discrimination: EAT considers “A19” forced retirement of police

    by Personnel Today 16 Mar 2015
    by Personnel Today 16 Mar 2015

    The Employment Appeal Tribunal (EAT) has heard the appeal in a test case against five police forces over the legality...

    • Age discrimination
    • Tribunal Watch
    • Constructive dismissal

    Tribunal watch: Cricket umpires lose age discrimination case

    by Stephen Simpson 16 Mar 2015
    by Stephen Simpson 16 Mar 2015

    An employment tribunal has rejected the age discrimination claims brought by two former cricket umpires, who were removed from their...

    • Age discrimination
    • Collective redundancy
    • Reasonable adjustments

    Employment law: eight cases to look out for in 2015

    by Stephen Simpson 12 Dec 2014
    by Stephen Simpson 12 Dec 2014

    We round up eight significant employment law decisions expected in 2015, including legal cases pending on collective redundancy consultation and...

    • Tribunal Watch
    • Age discrimination
    • Local authorities

    Tribunal watch: £22,000 award against council following flexible retirement confusion

    by Stephen Simpson 7 Apr 2014
    by Stephen Simpson 7 Apr 2014

    An employment tribunal has ordered Perth & Kinross Council to pay more than £22,000 to a long-serving employee winding down...

    • Age discrimination
    • Equality, diversity and inclusion
    • Retirement

    Preparing for the boom in 60-somethings working longer

    by Douglas Anderson 13 Mar 2014
    by Douglas Anderson 13 Mar 2014

    As the baby-boomers of the swinging 60s edge towards pension age, often without the desire or the finances to retire,...

    • Age discrimination
    • Police
    • Employment tribunals

    Police forces to appeal against decision that wide use of A19 retirement rule was age discrimination

    by Stephen Simpson 10 Mar 2014
    by Stephen Simpson 10 Mar 2014

    A weekly round-up of links to stories about employment tribunal rulings reported the previous week. In the week beginning 3...

    • Employment law
    • Equality, diversity and inclusion
    • Retirement

    Cases in point: guidance on retiring employees

    by Personnel Today 11 Jun 2012
    by Personnel Today 11 Jun 2012

    Recent cases reveal the complexity of potential discrimination in the area of age, says John Charlton.Now in its sixth year,...

    • Equality, diversity and inclusion
    • HR practice
    • HR strategy

    Age is not an excuse for under-performance, says pensions minister

    by Laura Chamberlain 3 Apr 2012
    by Laura Chamberlain 3 Apr 2012

    Pensions minister Steve Webb has told Personnel Today that employers should not take the approach that it is “inevitable or...

    • Equality, diversity and inclusion
    • Latest News
    • Wellbeing

    Concerns expressed over increased retirement age

    by Personnel Today 26 Feb 2012
    by Personnel Today 26 Feb 2012

    Physiotherapists are getting increasingly worried about the safety implications of workers, particularly those in the NHS or other physically demanding...

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